← Library
Patna High CourtCR. MISC./56212/2024allowed

Keshav Kumar @ Keshav Kumar Choudhary @ Sourav Kr Choudhary v. The State Of Bihar

2024-10-18Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56212 of 2024 Arising Out of PS. Case No.-6 Year-2023 Thana- KHARIK District- Bhagalpur ====================================================== Keshav Kumar @ Keshav Kumar Choudhary @ Sourav Kr Choudhary, S/o Sunil Choudhary, R/o vill - Kathela, P.S. - Kharik, Dist. - Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrendra Kumar, Advocate For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Kharik P.S. Case No.06 of 2023 instituted under Sections 341, 147, 148, 149, 323, 324, 326, 307, 504 & 506 of the Indian Penal Code.

3. As per the prosecution case, when the son of the informant was returning to his home, all the accused persons including the petitioner who were already waiting for him stopped him on gun point and started assaulting with butt of pistol, knife and axe due to which he sustained injuries.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case due to village politics. The injuries on the injured are

Patna High Court CR. MISC. No.56212 of 2024(3) dt.18-10-2024 2/2 simple in nature and there is general and omnibus allegation against the petitioner. Both the parties are neigbour and there is dispute between them with respect to drainage. He further submits that petitioner has three criminal antecedents in which he is on bail and he undertakes to co-operate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned A.C.J.M.-Ist, Naugachia, Bhagalpur/ Concerned Trial Court in connection with Kharik P.S. Case No.06 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashishkr/- U T